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Understanding the Nuances of Filing a Personal Injury Claim in Florida

Life is all about making sense of ourselves. Whether it is the dreams we aspire to accomplish or the career we choose to explore, everything is an act through which we try to make sense of ourselves. 

Most individuals, however, forget that good health is the very thing we aspire to. Thus, staying healthy is what most hope to do. Be that as it may, accidents are an unfortunate reality and they can affect one’s life in a variety of ways. 

Simple movements can become very challenging. If the spinal cord is involved, you may need a professional to help you claim compensation. If you wonder which situations are suitable for a personal injury lawsuit, we have discussed a few examples below. 

Various accidents can be conducive to back pain; however, there are several specific situations for which you might need assistance. For these, you can contact a legal professional

Understanding the Basic Concept of Personal Injury Claims

Before delving into the details, it will be better to have a clear understanding of personal injury law. Personal injury law, which is an area of law that falls under tort law, is a legal field designed to safeguard those who are injured by someone else’s wrong doing. The theory in personal injury law is that the person responsible for causing the harm should also be financially responsible for compensating the victim for their damages and expenses related to or caused by the accident. 

You should know that a tort claim, irrespective of whether it is intentional, negligence, or out of strict liability, caters to two fundamental issues: liability and damages. Be that as it may, if you are wondering about types of accidents that fall under tort law, here are a few  examples discussed below. For more information, contact a Florida personal injury lawyer. 

  • Motorcycle accident: Indeed, cars and trucks do not share the road very well with motorcycles. Larger vehicles tend to overtake smaller vehicles like motorcycles, either because they are difficult to see or because of aggressive driving. That is why cyclists and motorcycle drivers often fall victim to accidents. Moreover, in a Motorcycle Accident, the driver often faces serious damages. Therefore, seeking compensation is essential. 
  • Slip and fall: A slip and fall accident happens when someone slips on something like spilled liquid or trips on uneven flooring, resulting in injuries to their body. Most often, these accidents happen at venues like retail shops and restaurants. For example, a customer might slip on water that has negligently been left out in the aisle of a store or trip over something that was not properly stored.
  • Truck accidents: These accidents usually happen when a large truck is carrying cargo that shifts, causing the driver to lose control of the vehicle. These accidents can result in serious injuries or even death. Determining liability and the full amount of damages can be complicated as these cases tend to involve multiple parties. You will likely need legal help. Filing a lawsuit for a Truck Accident will be imperative. 
  • Medical Malpractice – The carelessness of a medical professional can have negative consequences on the life of an individual. The negligent act can further worsen the condition and deteriorate the health of the patient. The victim may consider suing the negligent medical professional to recover damages. Deviation of acceptable medical practice by a medical practitioner can risk the patient’s life, which can have devastating consequences. The cost of damages incurred can be much higher, impacting every aspect of the patient’s life. 
  • Workplace accident – These accidents occur in a work environment because of negligent behavior by the employer. For example, if someone is injured at work because an employer did not provide proper training or supervision for employees and it results in damages, such as broken bones or other physical injuries, this would be considered a workplace accident claim. These accidents often create financial instability in the life of a victim. Thus, applying for personal injury claims will help the victims recover compensation for damages and lost income. 

With physical injury claims, you must prove that the defendant was negligent and that your injuries were caused by his or her actions. You will also need to show that your injuries resulted in damages, like medical bills or missed work. It may be best to contact our firm for a qualified Florida personal injury lawyer. We can help you fight for compensation while you are healing.


How to submit a successful claim for compensation

With personal injury claims, it is often hard to determine who is at fault, which can turn into a long, drawn-out process. Additionally, the personal injury damages you could be entitled to due to negligence vary greatly from state to state. 

However, there are some general guidelines that you should follow in order to ensure your claim is as strong as possible. If you have been in an accident in Florida, contact a Florida Injury Attorney.

First of all, it is important to understand why you are filing this claim and what your reasons for compensation are. If there were any witnesses present when the accident occurred or if anyone has witnessed how you have been affected since then (e.g., someone seeing you with a neck brace) these people will need to provide witness statements confirming this information for your case.

Any evidence in support of your claim is helpful.  For example, if you were involved in a car accident and the police arrived at the scene then it is wise to obtain a copy of their report as this can be used as supporting evidence for your claim.

In most cases, Florida is a no-fault state which means that each insurer will pay for its own insured’s damages regardless of who was at fault. If you have Personal Injury Protection (PIP – with the same minimum level of coverage as required by Florida Statute §627.736) or Uninsured/Underinsured Motorist Coverage, then your own insurer will pay first and then seek reimbursement from the at-fault party. You can contact a Florida personal injury lawyer for more information about your injury claim.

A qualified Florida Injury Attorney will perform intensive work preparing for your case. You may require a few clinical tests, such as x-rays, MRIs, and CAT scans, to confirm that you are experiencing a problem caused by an external force. 

Compensation you can expect for a personal injury case

When someone else’s negligent action causes injuries to another person, the law holds that party accountable. Personal injury cases are filed in civil court when no criminal laws have been broken in order to provide compensation for the injured party. 

Compensation is provided for in several different forms in personal injury claims, including pain and suffering damages, lost wages, medical expenses and property damage. A personal injury lawyer in Florida is available to help you through the claim process.

The two types of damages you can be entitled to when filing a personal injury claim are special damages and general damages. Here are the definitions of each type of compensation along with some examples.

A special damage is an out-of-pocket expense or cost that was incurred by you as a result of your accident. If your bicycle was damaged because someone opened their door into traffic without looking, you may be awarded special damages. Compensation for the cost of repairing or replacing your bicycle would be an example of special damages.

Another form of special damages is lost wages, which are exactly what they sound like; money you were expecting to make during an injury-free time period but instead you missed out due to your accident. 

An example would be if you had a job working 8 hours per day, five days per week and there was no room for leniency at work so you could not take days off for doctor’s appointments without losing income or wages. This would be considered compensable missed earnings due to the accident.

A final form of special damages is property damage, which covers any physical damage done to your own personal property during the course of the incident that caused injuries to you. This can be a car, a house, tools or any other property that was damaged as the result of someone else’s negligent action.

General damages are damages awarded to compensate for injuries or losses that have not resulted in any physical expense or cost on your part. A good example of this is emotional distress caused by the accident. 

If you were frightened, humiliated or embarrassed due to an incident where someone injured you, general damages would provide compensation for those emotional injuries and any resulting mental stress they might have placed upon you due to the injury incident. For more information, contact a legal professional.

Another form of general damage is loss of consortium, which entitles a spouse to compensation when a marriage has been negatively impacted by a loved one’s trauma from an accident. 

If your wife was in a terrible accident that required extensive emergency room visits and emotional support, she might be entitled to this form of compensation if it could be proved that your marriage was negatively impacted.

General damages are different from special damages because they are not awarded for financial expenses or losses but rather the impact an injury has had on you emotionally, mentally or physically. 

Chance of a successful claim is greater with legal assistance

Contacting a Florida personal injury law firm will allow you to fight for the compensation that you rightly deserve. If your injury has been caused by someone’s negligence, recklessness, or intentional wrongdoing, our exceptional team of personal injury legal professionals will be ready to stand by your side and provide legal and emotional support. 

Whether it was a Car Accident, slip and fall, pedestrian accident, or any other kind of accident, an attorney will help evaluate the case and provide you with the support you need. Contact an experienced Florida Injury Attorney at and rely on him to fight for your rights. We will stand by your side at every step.

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